LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 3, 2001
TO: Honorable Royce West, Chair, Senate Committee on
Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB239 by Wentworth (Relating to a defense to proceeding
with an adjudication of guilt or to a revocation of
community supervision.), As Introduced
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* No significant fiscal implication to the State is anticipated. *
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Local Government Impact
In a court hearing to revoke community supervision or to proceed from
deferred adjudication to an adjudication of guilt, the bill would allow
as an affirmative defense that the state failed to exercise due diligence
to apprehend the defendant and determine an alleged violation of
community supervision within a reasonable period of time. The defendant
must prove the failure by a preponderance of the evidence. The bill
would take effect immediately if it receives a vote of two-thirds of all
members in each house, if not, the bill would take effect September 1,
2001.
Information for determining the local fiscal impact was obtained from the
Texas Probation Association and the Texas Department of Criminal
Justice. Although the bill may affect the number of offenders continued
on community supervision or sentenced to incarceration, savings or
additional costs would vary by jurisdiction depending on local
sentencing practices.
Source Agencies: 213 Office of the State Prosecuting Attorney, 696
Texas Department of Criminal Justice
LBB Staff: JK, TB, VS, DB, RK